In luxury retail, client relationships are built on trust, personalisation and carefully managed communication. Direct contact with clients – whether through client advisors, concierge services or targeted outreach – is a key part of the value proposition.
This model is now evolving under Spain’s new regulatory framework on customer service and commercial communications. Recent measures published in the Boletín Oficial del Estado introduce stricter rules on how companies interact with consumers, with direct implications for luxury brands operating in Spain.
A new identity for commercial calls
One of the most significant changes is the introduction of a mandatory ‘400’ prefix for all outbound commercial calls.
Once the transitional period ends, all calls with a commercial purpose must be clearly identifiable through this prefix. In addition, telecom operators must allow consumers to block these calls by default, and the numbers will be outbound-only, meaning consumers cannot return missed calls.
While luxury brands do not typically rely on mass telemarketing, many clienteling and CRM-driven interactions may still qualify as commercial communications under the new rules.
This is particularly relevant in the context of clienteling – the practice of building long-term relationships with individual clients through dedicated sales advisers – and CRM-driven communications, where customer relationship management systems are used to identify and contact clients based on their purchase history, preferences or previous interactions with the brand.
In practice, this could include a boutique adviser calling a client to inform them that a limited-edition handbag that matches their previous purchases has become available, inviting a loyal customer to a private shopping event or an exclusive product launch, or contacting a VIP client to present a new collection or arrange a personalised in-store appointment. Although these interactions are highly personalised and form part of the premium customer experience, they may still be regarded as commercial communications and therefore fall within the scope of the new regulation.
Stricter rules for customer service channels
The new framework also standardises customer service contact channels. Companies must now offer support through:
- freephone numbers (800 or 900),
- short-code numbers, or
- standard geographic lines with no additional cost beyond a national call.
This reinforces a clear principle: customer service must be accessible, transparent and cost-neutral for consumers.
A limited window for adaptation
Although the regulation has already entered into force, companies benefit from a six-month transitional period, with full compliance required by 17 October.
This period should be used to review communication strategies, adapt systems and ensure that all client contact channels – both outbound and inbound – are aligned with the new legal framework.
Why this matters for luxury brands
Luxury brands increasingly rely on direct, personalised communication to strengthen long-term relationships with their clients. Calls made by client advisors to announce exclusive product launches, private events or limited-edition collections are a hallmark of the luxury shopping experience. Where these interactions have a commercial purpose, however, they may fall within the scope of the new regulation, regardless of how selective or high-end the audience may be.
This means that compliance must be embedded into client experience design, ensuring that luxury brands continue to deliver highly personalised service while adapting their communication practices to the new legal framework.
In addition to representing international companies in a full range of business and corporate law matters, Adrián Fernández de Pedro provides advice on Spanish consumer protection, commercial, retail trade, e-commerce, distribution and advertising law. Based in Madrid, he can be reached at [email protected].
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